RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court, praying for issuance of a direction to the respondents to regularize his services with effect from 23.07.1984 i.e. the date of his initial appointment on adhoc basis as Stenotypist. It is the contention of counsel for the petitioner that the petitioner was initially appointed as a Bearer in Medical College and Hospital, Rohtak on 14.06.1978. The Director -Principal of the Medical College, Rohtak, vide order dated 28.10.1983 (Annexure P -1) decided that in future all higher grade posts in Class III and IV establishment of the Institution will be filled in by the departmental candidates, possessing the required qualification and experience for the relevant post in accordance with the policy of promotion by transfer from one post to another in the same Department. In case no such departmental candidate is available, the post would be advertised.

(2.) PETITIONER , being eligible for consideration for appointment to the post of Stenotypist, applied for the same. In pursuance to the application submitted by him, a test was held, which he cleared and as a consequence thereof, the petitioner was appointed as a Stenotypist on adhoc basis vide order dated 21.07.1984 (Annexure P -2) by the Director -Principal of Medical College and Hospital, Rohtak. As per the counsel for the petitioner, the petitioner was entitled to regularization of his services in pursuance of the policy decision of the Government of Haryana dated 16.02.1987 (Annexure P -3), according to which, those adhoc employees who had completed two years of service as on 01.11.1986 and were in service on that day, were entitled to be considered for regularization, provided the posts were taken out of the purview of the Subordinate Services Selection Board, Haryana (for short, "the Board"). Instead of regularizing the services of the petitioner from the said date, his claim for regularization was considered under the policy dated 28.02.1991 (Annexure P -5) and his services regularized with effect from 01.01.1991. Petitioner came to know that similarly placed employees of the same Institution, who had also been appointed on adhoc basis as Stenotypist alongwith him, including one, namely, Smt. Kamlesh Kumari, who was working on the post of a Clerk on regular basis, had been regularized with effect from 01.11.1986, which motivated him to file a representation for granting him the benefit of regularization of his services with effect from 23.07.1984 i.e. the date of his initial appointment on adhoc basis as a Stenotypist. When, the claim of the petitioner was not considered, he approached this Court by filing the present writ petition.

(3.) WITH regard to the withdrawal of the posts from the purview of the Board, reference is made to the communication dated 01.02.1984 (Annexure A -1), where the posts have been taken out of the purview of the Board. He, therefore, contends that on the date when the petitioner was to be considered for regularization, all the conditions, as provided for in the policy instructions dated 16.02.1987, stood fulfilled.